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Debasis Pal   21 March 2023

Maintenance enhancement and execution.


Regular maintenance amounts are being paid to my wife and children as per the order passed by a district court in 2015.

In March'2021 my wife filed two separate suits i.e maintenance and execution and maintenance enhancement simultaneously.

I apprehend that the maintenance amount would get reduced due to the career growth of my wife and the adulthood of my son. Petitioner i.e my wife is delaying the hearing by filing different trivial and insignificant petitions on each court date.

I am a govt. service holder and posted out of my hometown. It is difficult for me to pursue the court proceeding and advocates.

Is there any legal provision to pass a court order so that the hearing on the maintenance execution petition would be kept on hold, till the hearing of the maintenance enhancement petition gets settled?



 1 Replies

RAKESH ISHI   21 March 2023

In this scenario, you can file an application in the court seeking a stay on the maintenance execution petition until the maintenance enhancement petition is resolved. This is known as an application for stay of proceedings.

In your application, you will need to explain the reasons why you are seeking the stay and provide evidence to support your claim. For example, you can explain the financial hardship that would be caused if the maintenance amount is reduced and provide evidence of your limited ability to attend court proceedings due to your job.

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